83 FR 42527 - Sacramento Municipal Utility District; Rancho Seco Independent Spent Fuel Storage Installation; Renewal of Special Nuclear Materials License
NUCLEAR REGULATORY COMMISSION Federal Register Volume 83, Issue 163 (August 22, 2018)
Federal Register Volume 83, Issue 163 (August 22, 2018)
| Page Range | 42527-42530 | |
| FR Document | 2018-18068 |
[Federal Register Volume 83, Number 163 (Wednesday, August 22, 2018)] [Notices] [Pages 42527-42530] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-18068] [[Page 42527]] ======================================================================= ----------------------------------------------------------------------- NUCLEAR REGULATORY COMMISSION [Docket No. 72-11; NRC-2018-0147] Sacramento Municipal Utility District; Rancho Seco Independent Spent Fuel Storage Installation; Renewal of Special Nuclear Materials License AGENCY: Nuclear Regulatory Commission. ACTION: License renewal application; notice of opportunity to request a hearing and to petition for leave to intervene; order imposing procedures. ----------------------------------------------------------------------- SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is considering an application for the renewal of Special Nuclear Materials (SNM) License No. SNM-2510, which currently authorizes Sacramento Municipal Utility District (SMUD) to receive, possess, transfer, and store spent fuel from Rancho Seco Nuclear Generating Station in the Rancho Seco Independent Spent Fuel Storage Installation (ISFSI). The renewed license would authorize SMUD to continue to store spent fuel in the Rancho Seco ISFSI for an additional 40 years beyond the current license expiration date of June 30, 2020. For this license renewal application, the NRC proposes to determine that it involves no significant hazards consideration. Because this license renewal application contains sensitive unclassified non-safeguards information (SUNSI), an order imposes procedures to obtain access to SUNSI for contention preparation. DATES: Requests for a hearing or petition for leave to intervene must be filed by October 22, 2018. Any potential party as defined in section 2.4 of title 10 of the Code of Federal Regulations (10 CFR), who believes access to SUNSI is necessary to respond to this notice must request document access by September 4, 2018. ADDRESSES: Please refer to Docket ID NRC-2018-0147 when contacting the NRC about the availability of information regarding this document. You may obtain publicly-available information related to this document using any of the following methods:Federal Rulemaking website: Go to http://www.regulations.gov and search for Docket ID NRC-2018-0147. Address questions about NRC dockets to Jennifer Borges; telephone: 301-287- 9127; email: Jennifer.Borges@nrc.gov. For technical questions, contact the individual listed in the FOR FURTHER INFORMATION CONTACT section of this document. NRC's Agencywide Documents Access and Management System (ADAMS): You may obtain publicly-available documents online in the ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``Begin Web-based ADAMS Search.'' For problems with ADAMS, please contact the NRC's Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or by email to pdr.resource@nrc.gov. The ADAMS accession number for each document referenced (if it is available in ADAMS) is provided the first time that it is mentioned in this document. NRC's PDR: You may examine and purchase copies of public documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. FOR FURTHER INFORMATION CONTACT: Wendy Reed, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-7213; email: Wendy.Reed@nrc.gov. SUPPLEMENTARY INFORMATION: I. Introduction The NRC has received, by letter dated March 19, 2018 (ADAMS Accession No. ML18101A020), an application from SMUD for renewal of SNM License No. SNM-2510 for the Rancho Seco ISFSI for an additional 40 years (ADAMS Accession No. ML18221A281), supplemented June 25, 2018 (ADAMS Accession No. ML18221A295). The license authorizes SMUD to receive, possess, transfer, and store spent fuel from Rancho Seco Nuclear Generating Station. This license renewal, if approved, would authorize SMUD to continue to store spent fuel at the Rancho Seco ISFSI, under the provisions of 10 CFR part 72, ``Licensing Requirements for the Independent Storage of Spent Nuclear Fuel, High-Level Radioactive Waste, and Reactor-Related Greater Than Class C Waste.'' Following an NRC administrative completeness review, documented in a letter to SMUD dated July 20, 2018 (ADAMS Accession No. ML18201A455), the NRC staff has determined that the renewal application contains sufficient information for the NRC staff to begin its technical review and is acceptable for docketing. The application has been docketed in Docket No. 72-11, the existing docket for SNM License No. SNM-2510. If the NRC approves the renewal application, the approval will be documented in the renewal of SNM License No. SNM-2510. The NRC will approve the license renewal application if it determines that the application meets the standards and requirements of the Atomic Energy Act of 1954, as amended (the Act), and the NRC's regulations. These findings will be documented in a safety evaluation report. The NRC will complete an environmental evaluation, in accordance with 10 CFR part 51, to determine if the preparation of an environmental impact statement is warranted or if an environmental assessment and finding of no significant impact are appropriate. This action will be the subject of a subsequent notice in the Federal Register. II. Opportunity To Request a Hearing and Petition for Leave To Intervene Within 60 days after the date of publication of this notice, any persons (petitioner) whose interest may be affected by this action may file a request for a hearing and petition for leave to intervene (petition) with respect to the action. Petitions shall be filed in accordance with the Commission's ``Agency Rules of Practice and Procedure'' in 10 CFR part 2. Interested persons should consult a current copy of 10 CFR 2.309. The NRC's regulations are accessible electronically from the NRC Library on the NRC's website at http://www.nrc.gov/reading-rm/doc-collections/cfr/. Alternatively, a copy of the regulations is available at the NRC's Public Document Room, located at One White Flint North, Room O1-F21, 11555 Rockville Pike (First Floor), Rockville, Maryland 20852. If a petition is filed, the Commission or a presiding officer will rule on the petition and, if appropriate, a notice of a hearing will be issued. As required by 10 CFR 2.309(d) the petition should specifically explain the reasons why intervention should be permitted with particular reference to the following general requirements for standing: (1) The name, address, and telephone number of the petitioner; (2) the nature of the petitioner's right under the Act to be made a party to the proceeding; (3) the nature and extent of the petitioner's property, financial, or other interest in the proceeding; and (4) the possible effect of any decision or order which may be entered in the proceeding on the petitioner's interest. In accordance with 10 CFR 2.309(f), the petition must also set forth the specific contentions which the petitioner seeks to have litigated in the proceeding. Each contention must consist of a specific statement of the issue of law or fact to be raised or controverted. In addition, the petitioner must provide a brief explanation of the bases for the contention and a concise statement of the alleged facts or expert opinion which support the contention [[Page 42528]] and on which the petitioner intends to rely in proving the contention at the hearing. The petitioner must also provide references to the specific sources and documents on which the petitioner intends to rely to support its position on the issue. The petition must include sufficient information to show that a genuine dispute exists with the applicant or licensee on a material issue of law or fact. Contentions must be limited to matters within the scope of the proceeding. The contention must be one which, if proven, would entitle the petitioner to relief. A petitioner who fails to satisfy the requirements at 10 CFR 2.309(f) with respect to at least one contention will not be permitted to participate as a party. Those permitted to intervene become parties to the proceeding, subject to any limitations in the order granting leave to intervene. Parties have the opportunity to participate fully in the conduct of the hearing with respect to resolution of that party's admitted contentions, including the opportunity to present evidence, consistent with the NRC's regulations, policies, and procedures. Petitions must be filed no later than 60 days from the date of publication of this notice. Petitions and motions for leave to file new or amended contentions that are filed after the deadline will not be entertained absent a determination by the presiding officer that the filing demonstrates good cause by satisfying the three factors in 10 CFR 2.309(c)(1)(i) through (iii). The petition must be filed in accordance with the filing instructions in the ``Electronic Submissions (E-Filing)'' section of this document. A State, local governmental body, Federally-recognized Indian Tribe, or agency thereof, may submit a petition to the Commission to participate as a party under 10 CFR 2.309(h)(1). The petition should state the nature and extent of the petitioner's interest in the proceeding. The petition should be submitted to the Commission no later than 60 days from the date of publication of this notice. The petition must be filed in accordance with the filing instructions in the ``Electronic Submissions (E-Filing)'' section of this document, and should meet the requirements for petitions set forth in this section. Alternatively, a State, local governmental body, Federally-recognized Indian Tribe, or agency thereof may participate as a non-party under 10 CFR 2.315(c). If a hearing is granted, any person who is not a party to the proceeding and is not affiliated with or represented by a party may, at the discretion of the presiding officer, be permitted to make a limited appearance pursuant to the provisions of 10 CFR 2.315(a). A person making a limited appearance may make an oral or written statement of his or her position on the issues but may not otherwise participate in the proceeding. A limited appearance may be made at any session of the hearing or at any prehearing conference, subject to the limits and conditions as may be imposed by the presiding officer. Details regarding the opportunity to make a limited appearance will be provided by the presiding officer if such sessions are scheduled. III. Electronic Submissions (E-Filing) All documents filed in NRC adjudicatory proceedings, including a request for hearing and petition for leave to intervene (petition), any motion or other document filed in the proceeding prior to the submission of a request for hearing or petition to intervene, and documents filed by interested governmental entities that request to participate under 10 CFR 2.315(c), must be filed in accordance with the NRC's E-Filing rule (72 FR 49139; August 28, 2007, as amended at 77 FR 46562; August 3, 2012). The E-Filing process requires participants to submit and serve all adjudicatory documents over the internet, or in some cases to mail copies on electronic storage media. Detailed guidance on making electronic submissions may be found in the Guidance for Electronic Submissions to the NRC and on the NRC website at http://www.nrc.gov/site-help/e-submittals.html. Participants may not submit paper copies of their filings unless they seek an exemption in accordance with the procedures described below. To comply with the procedural requirements of E-Filing, at least 10 days prior to the filing deadline, the participant should contact the Office of the Secretary by email at hearing.docket@nrc.gov, or by telephone at 301-415-1677, to (1) request a digital identification (ID) certificate, which allows the participant (or its counsel or representative) to digitally sign submissions and access the E-Filing system for any proceeding in which it is participating; and (2) advise the Secretary that the participant will be submitting a petition or other adjudicatory document (even in instances in which the participant, or its counsel or representative, already holds an NRC- issued digital ID certificate). Based upon this information, the Secretary will establish an electronic docket for the hearing in this proceeding if the Secretary has not already established an electronic docket. Information about applying for a digital ID certificate is available on the NRC's public website at http://www.nrc.gov/site-help/e-submittals/getting-started.html. Once a participant has obtained a digital ID certificate and a docket has been created, the participant can then submit adjudicatory documents. Submissions must be in Portable Document Format (PDF). Additional guidance on PDF submissions is available on the NRC's public website at http://www.nrc.gov/site-help/electronic-sub-ref-mat.html. A filing is considered complete at the time the document is submitted through the NRC's E-Filing system. To be timely, an electronic filing must be submitted to the E-Filing system no later than 11:59 p.m. Eastern Time on the due date. Upon receipt of a transmission, the E-Filing system time-stamps the document and sends the submitter an email notice confirming receipt of the document. The E-Filing system also distributes an email notice that provides access to the document to the NRC's Office of the General Counsel and any others who have advised the Office of the Secretary that they wish to participate in the proceeding, so that the filer need not serve the document on those participants separately. Therefore, applicants and other participants (or their counsel or representative) must apply for and receive a digital ID certificate before adjudicatory documents are filed so that they can obtain access to the documents via the E-Filing system. A person filing electronically using the NRC's adjudicatory E- Filing system may seek assistance by contacting the NRC's Electronic Filing Help Desk through the ``Contact Us'' link located on the NRC's public website at http://www.nrc.gov/site-help/e-submittals.html, by email to MSHD.Resource@nrc.gov, or by a toll-free call at 1-866-672- 7640. The NRC Electronic Filing Help Desk is available between 9 a.m. and 6 p.m., Eastern Time, Monday through Friday, excluding government holidays. Participants who believe that they have a good cause for not submitting documents electronically must file an exemption request, in accordance with 10 CFR 2.302(g), with their initial paper filing stating why there is good cause for not filing electronically and requesting authorization to continue to submit documents in paper format. Such filings must be submitted by: (1) First class mail addressed to the Office of the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: Rulemaking and Adjudications Staff; or [[Page 42529]] (2) courier, express mail, or expedited delivery service to the Office of the Secretary, 11555 Rockville Pike, Rockville, Maryland 20852, Attention: Rulemaking and Adjudications Staff. Participants filing adjudicatory documents in this manner are responsible for serving the document on all other participants. Filing is considered complete by first-class mail as of the time of deposit in the mail, or by courier, express mail, or expedited delivery service upon depositing the document with the provider of the service. A presiding officer, having granted an exemption request from using E-Filing, may require a participant or party to use E-Filing if the presiding officer subsequently determines that the reason for granting the exemption from use of E-Filing no longer exists. Documents submitted in adjudicatory proceedings will appear in the NRC's electronic hearing docket which is available to the public at https://adams.nrc.gov/ehd, unless excluded pursuant to an order of the Commission or the presiding officer. If you do not have an NRC-issued digital ID certificate as described above, click cancel when the link requests certificates and you will be automatically directed to the NRC's electronic hearing dockets where you will be able to access any publicly available documents in a particular hearing docket. Participants are requested not to include personal privacy information, such as social security numbers, home addresses, or personal phone numbers in their filings, unless an NRC regulation or other law requires submission of such information. For example, in some instances, individuals provide home addresses in order to demonstrate proximity to a facility or site. With respect to copyrighted works, except for limited excerpts that serve the purpose of the adjudicatory filings and would constitute a Fair Use application, participants are requested not to include copyrighted materials in their submission. Attorney for licensee: Laura Lewis, Chief Legal Officer, Sacramento Municipal Utility District, 6201 S Street, P.O. Box 15830, Sacramento, CA 95817 18999. NRC Branch Chief: Meraj Rahimi. Order Imposing Procedures for Access to Sensitive Unclassified Non- Safeguards Information for Contention Preparation A. This Order contains instructions regarding how potential parties to this proceeding may request access to documents containing Sensitive Unclassified Non-Safeguards Information (SUNSI). B. Within 10 days after publication of this notice of hearing and opportunity to petition for leave to intervene, any potential party who believes access to SUNSI is necessary to respond to this notice may request access to SUNSI. A ``potential party'' is any person who intends to participate as a party by demonstrating standing and filing an admissible contention under 10 CFR 2.309. Requests for access to SUNSI submitted later than 10 days after publication of this notice will not be considered absent a showing of good cause for the late filing, addressing why the request could not have been filed earlier. C. The requester shall submit a letter requesting permission to access SUNSI to the Office of the Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: Rulemakings and Adjudications Staff, and provide a copy to the Associate General Counsel for Hearings, Enforcement and Administration, Office of the General Counsel, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. The expedited delivery or courier mail address for both offices is: U.S. Nuclear Regulatory Commission, 11555 Rockville Pike, Rockville, Maryland 20852. The email address for the Office of the Secretary and the Office of the General Counsel are Hearing.Docket@nrc.gov and OGCmailcenter@nrc.gov, respectively.\1\ The request must include the following information: --------------------------------------------------------------------------- \1\ While a request for hearing or petition to intervene in this proceeding must comply with the filing requirements of the NRC's ``E-Filing Rule,'' the initial request to access SUNSI under these procedures should be submitted as described in this paragraph. --------------------------------------------------------------------------- (1) A description of the licensing action with a citation to this Federal Register notice; (2) The name and address of the potential party and a description of the potential party's particularized interest that could be harmed by the action identified in C.(1); and (3) The identity of the individual or entity requesting access to SUNSI and the requester's basis for the need for the information in order to meaningfully participate in this adjudicatory proceeding. In particular, the request must explain why publicly available versions of the information requested would not be sufficient to provide the basis and specificity for a proffered contention. D. Based on an evaluation of the information submitted under paragraph C.(3) the NRC staff will determine within 10 days of receipt of the request whether: (1) There is a reasonable basis to believe the petitioner is likely to establish standing to participate in this NRC proceeding; and (2) The requestor has established a legitimate need for access to SUNSI. E. If the NRC staff determines that the requestor satisfies both D.(1) and D.(2) above, the NRC staff will notify the requestor in writing that access to SUNSI has been granted. The written notification will contain instructions on how the requestor may obtain copies of the requested documents, and any other conditions that may apply to access to those documents. These conditions may include, but are not limited to, the signing of a Non-Disclosure Agreement or Affidavit, or Protective Order \2\ setting forth terms and conditions to prevent the unauthorized or inadvertent disclosure of SUNSI by each individual who will be granted access to SUNSI. --------------------------------------------------------------------------- \2\ Any motion for Protective Order or draft Non-Disclosure Affidavit or Agreement for SUNSI must be filed with the presiding officer or the Chief Administrative Judge if the presiding officer has not yet been designated, within 30 days of the deadline for the receipt of the written access request. --------------------------------------------------------------------------- F. Filing of Contentions. Any contentions in these proceedings that are based upon the information received as a result of the request made for SUNSI must be filed by the requestor no later than 25 days after receipt of (or access to) that information. However, if more than 25 days remain between the petitioner's receipt of (or access to) the information and the deadline for filing all other contentions (as established in the notice of hearing or opportunity for hearing), the petitioner may file its SUNSI contentions by that later deadline. G. Review of Denials of Access. (1) If the request for access to SUNSI is denied by the NRC staff after a determination on standing and requisite need, the NRC staff shall immediately notify the requestor in writing, briefly stating the reason or reasons for the denial. (2) The requester may challenge the NRC staff's adverse determination by filing a challenge within 5 days of receipt of that determination with: (a) The presiding officer designated in this proceeding; (b) if no presiding officer has been appointed, the Chief Administrative Judge, or if he or she is unavailable, another administrative judge, or an Administrative Law Judge with jurisdiction pursuant to 10 CFR 2.318(a); or (c) if another officer has been designated to rule on information access issues, with that officer. [[Page 42530]] (3) Further appeals of decisions under this paragraph must be made pursuant to 10 CFR 2.311. H. Review of Grants of Access. A party other than the requester may challenge an NRC staff determination granting access to SUNSI whose release would harm that party's interest independent of the proceeding. Such a challenge must be filed within 5 days of the notification by the NRC staff of its grant of access and must be filed with: (a) The presiding officer designated in this proceeding; (b) if no presiding officer has been appointed, the Chief Administrative Judge, or if he or she is unavailable, another administrative judge, or an Administrative Law Judge with jurisdiction pursuant to 10 CFR 2.318(a); or (c) if another officer has been designated to rule on information access issues, with that officer. If challenges to the NRC staff determinations are filed, these procedures give way to the normal process for litigating disputes concerning access to information. The availability of interlocutory review by the Commission of orders ruling on such NRC staff determinations (whether granting or denying access) is governed by 10 CFR 2.311.\3\ --------------------------------------------------------------------------- \3\ Requesters should note that the filing requirements of the NRC's E-Filing Rule (72 FR 49139; August 28, 2007, as amended at 77 FR 46562; August 3, 2012) apply to appeals of NRC staff determinations (because they must be served on a presiding officer or the Commission, as applicable), but not to the initial SUNSI request submitted to the NRC staff under these procedures. --------------------------------------------------------------------------- (4) The Commission expects that the NRC staff and presiding officers (and any other reviewing officers) will consider and resolve requests for access to SUNSI, and motions for protective orders, in a timely fashion in order to minimize any unnecessary delays in identifying those petitioners who have standing and who have propounded contentions meeting the specificity and basis requirements in 10 CFR part 2. The attachment to this Order summarizes the general target schedule for processing and resolving requests under these procedures. It is so ordered. Dated at Rockville, Maryland, this 16th of August 2018. For the Nuclear Regulatory Commission. Annette L. Vietti-Cook, Secretary of the Commission. Attachment 1--General Target Schedule for Processing and Resolving Requests for Access to Sensitive Unclassified Non-Safeguards Information in This Proceeding ------------------------------------------------------------------------ Day Event/activity ------------------------------------------------------------------------ 0........................ Publication of Federal Register notice of hearing and opportunity to petition for leave to intervene, including order with instructions for access requests. 10....................... Deadline for submitting requests for access to Sensitive Unclassified Non-Safeguards Information (SUNSI) with information: Supporting the standing of a potential party identified by name and address; describing the need for the information in order for the potential party to participate meaningfully in an adjudicatory proceeding. 60....................... Deadline for submitting petition for intervention containing: (i) Demonstration of standing; and (ii) all contentions whose formulation does not require access to SUNSI (+25 Answers to petition for intervention; +7 petitioner/requestor reply). 20....................... U.S. Nuclear Regulatory Commission (NRC) staff informs the requester of the staff's determination whether the request for access provides a reasonable basis to believe standing can be established and shows need for SUNSI. (NRC staff also informs any party to the proceeding whose interest independent of the proceeding would be harmed by the release of the information.) If NRC staff makes the finding of need for SUNSI and likelihood of standing, NRC staff begins document processing (preparation of redactions or review of redacted documents). 25....................... If NRC staff finds no ``need'' or no likelihood of standing, the deadline for petitioner/requester to file a motion seeking a ruling to reverse the NRC staff's denial of access; NRC staff files copy of access determination with the presiding officer (or Chief Administrative Judge or other designated officer, as appropriate). If NRC staff finds ``need'' for SUNSI, the deadline for any party to the proceeding whose interest independent of the proceeding would be harmed by the release of the information to file a motion seeking a ruling to reverse the NRC staff's grant of access. 30....................... Deadline for NRC staff reply to motions to reverse NRC staff determination(s). 40....................... (Receipt +30) If NRC staff finds standing and need for SUNSI, deadline for NRC staff to complete information processing and file motion for Protective Order and draft Non- Disclosure Affidavit. Deadline for applicant/ licensee to file Non-Disclosure Agreement for SUNSI. A........................ If access granted: Issuance of presiding officer or other designated officer decision on motion for protective order for access to sensitive information (including schedule for providing access and submission of contentions) or decision reversing a final adverse determination by the NRC staff. A + 3.................... Deadline for filing executed Non-Disclosure Affidavits. Access provided to SUNSI consistent with decision issuing the protective order. A + 28................... Deadline for submission of contentions whose development depends upon access to SUNSI. However, if more than 25 days remain between the petitioner's receipt of (or access to) the information and the deadline for filing all other contentions (as established in the notice of opportunity to request a hearing and petition for leave to intervene), the petitioner may file its SUNSI contentions by that later deadline. A + 53................... (Contention receipt +25) Answers to contentions whose development depends upon access to SUNSI. A + 60................... (Answer receipt +7) Petitioner/Intervenor reply to answers. >A + 60.................. Decision on contention admission. ------------------------------------------------------------------------ [FR Doc. 2018-18068 Filed 8-21-18; 8:45 am] BILLING CODE 7590-01-P
![Federal Register / Vol. 83, No. 163 / Wednesday, August 22, 2018 / Notices 42527
NUCLEAR REGULATORY (ADAMS): You may obtain publicly- the Atomic Energy Act of 1954, as
COMMISSION available documents online in the amended (the Act), and the NRC’s
ADAMS Public Documents collection at regulations. These findings will be
[Docket No. 72–11; NRC–2018–0147]
http://www.nrc.gov/reading-rm/ documented in a safety evaluation
Sacramento Municipal Utility District; adams.html. To begin the search, select report. The NRC will complete an
Rancho Seco Independent Spent Fuel ‘‘Begin Web-based ADAMS Search.’’ For environmental evaluation, in
Storage Installation; Renewal of problems with ADAMS, please contact accordance with 10 CFR part 51, to
Special Nuclear Materials License the NRC’s Public Document Room (PDR) determine if the preparation of an
reference staff at 1–800–397–4209, 301– environmental impact statement is
AGENCY: Nuclear Regulatory 415–4737, or by email to pdr.resource@ warranted or if an environmental
Commission. nrc.gov. The ADAMS accession number assessment and finding of no significant
ACTION: License renewal application; for each document referenced (if it is impact are appropriate. This action will
notice of opportunity to request a available in ADAMS) is provided the be the subject of a subsequent notice in
hearing and to petition for leave to first time that it is mentioned in this the Federal Register.
intervene; order imposing procedures. document. II. Opportunity To Request a Hearing
• NRC’s PDR: You may examine and and Petition for Leave To Intervene
SUMMARY: The U.S. Nuclear Regulatory
purchase copies of public documents at
Commission (NRC) is considering an Within 60 days after the date of
the NRC’s PDR, Room O1–F21, One
application for the renewal of Special publication of this notice, any persons
White Flint North, 11555 Rockville
Nuclear Materials (SNM) License No. (petitioner) whose interest may be
Pike, Rockville, Maryland 20852.
SNM–2510, which currently authorizes affected by this action may file a request
Sacramento Municipal Utility District FOR FURTHER INFORMATION CONTACT:
for a hearing and petition for leave to
(SMUD) to receive, possess, transfer, Wendy Reed, Office of Nuclear Material intervene (petition) with respect to the
and store spent fuel from Rancho Seco Safety and Safeguards, U.S. Nuclear action. Petitions shall be filed in
Nuclear Generating Station in the Regulatory Commission, Washington, accordance with the Commission’s
Rancho Seco Independent Spent Fuel DC 20555–0001; telephone: 301–415– ‘‘Agency Rules of Practice and
Storage Installation (ISFSI). The 7213; email: Wendy.Reed@nrc.gov. Procedure’’ in 10 CFR part 2. Interested
renewed license would authorize SMUD SUPPLEMENTARY INFORMATION: persons should consult a current copy
to continue to store spent fuel in the of 10 CFR 2.309. The NRC’s regulations
I. Introduction
Rancho Seco ISFSI for an additional 40 are accessible electronically from the
years beyond the current license The NRC has received, by letter dated NRC Library on the NRC’s website at
expiration date of June 30, 2020. For March 19, 2018 (ADAMS Accession No. http://www.nrc.gov/reading-rm/doc-
this license renewal application, the ML18101A020), an application from collections/cfr/. Alternatively, a copy of
NRC proposes to determine that it SMUD for renewal of SNM License No. the regulations is available at the NRC’s
involves no significant hazards SNM–2510 for the Rancho Seco ISFSI Public Document Room, located at One
consideration. Because this license for an additional 40 years (ADAMS White Flint North, Room O1–F21, 11555
renewal application contains sensitive Accession No. ML18221A281), Rockville Pike (First Floor), Rockville,
unclassified non-safeguards information supplemented June 25, 2018 (ADAMS Maryland 20852. If a petition is filed,
(SUNSI), an order imposes procedures Accession No. ML18221A295). The the Commission or a presiding officer
to obtain access to SUNSI for contention license authorizes SMUD to receive, will rule on the petition and, if
preparation. possess, transfer, and store spent fuel appropriate, a notice of a hearing will be
DATES: Requests for a hearing or petition from Rancho Seco Nuclear Generating issued.
for leave to intervene must be filed by Station. This license renewal, if As required by 10 CFR 2.309(d) the
October 22, 2018. Any potential party as approved, would authorize SMUD to petition should specifically explain the
defined in section 2.4 of title 10 of the continue to store spent fuel at the reasons why intervention should be
Code of Federal Regulations (10 CFR), Rancho Seco ISFSI, under the permitted with particular reference to
who believes access to SUNSI is provisions of 10 CFR part 72, ‘‘Licensing the following general requirements for
necessary to respond to this notice must Requirements for the Independent standing: (1) The name, address, and
request document access by September Storage of Spent Nuclear Fuel, High- telephone number of the petitioner; (2)
4, 2018. Level Radioactive Waste, and Reactor- the nature of the petitioner’s right under
ADDRESSES: Please refer to Docket ID Related Greater Than Class C Waste.’’ the Act to be made a party to the
NRC–2018–0147 when contacting the Following an NRC administrative proceeding; (3) the nature and extent of
NRC about the availability of completeness review, documented in a the petitioner’s property, financial, or
information regarding this document. letter to SMUD dated July 20, 2018 other interest in the proceeding; and (4)
You may obtain publicly-available (ADAMS Accession No. ML18201A455), the possible effect of any decision or
information related to this document the NRC staff has determined that the order which may be entered in the
using any of the following methods: renewal application contains sufficient proceeding on the petitioner’s interest.
• Federal Rulemaking website: Go to information for the NRC staff to begin its In accordance with 10 CFR 2.309(f),
http://www.regulations.gov and search technical review and is acceptable for the petition must also set forth the
for Docket ID NRC–2018–0147. Address docketing. The application has been specific contentions which the
questions about NRC dockets to Jennifer docketed in Docket No. 72–11, the petitioner seeks to have litigated in the
Borges; telephone: 301–287–9127; existing docket for SNM License No. proceeding. Each contention must
amozie on DSK3GDR082PROD with NOTICES1
email: Jennifer.Borges@nrc.gov. For SNM–2510. If the NRC approves the consist of a specific statement of the
technical questions, contact the renewal application, the approval will issue of law or fact to be raised or
individual listed in the FOR FURTHER be documented in the renewal of SNM controverted. In addition, the petitioner
INFORMATION CONTACT section of this License No. SNM–2510. The NRC will must provide a brief explanation of the
document. approve the license renewal application bases for the contention and a concise
• NRC’s Agencywide Documents if it determines that the application statement of the alleged facts or expert
Access and Management System meets the standards and requirements of opinion which support the contention
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![42530 Federal Register / Vol. 83, No. 163 / Wednesday, August 22, 2018 / Notices
(3) Further appeals of decisions under with jurisdiction pursuant to 10 CFR to SUNSI, and motions for protective
this paragraph must be made pursuant 2.318(a); or (c) if another officer has orders, in a timely fashion in order to
to 10 CFR 2.311. been designated to rule on information minimize any unnecessary delays in
H. Review of Grants of Access. A access issues, with that officer. identifying those petitioners who have
party other than the requester may If challenges to the NRC staff standing and who have propounded
challenge an NRC staff determination determinations are filed, these contentions meeting the specificity and
granting access to SUNSI whose release procedures give way to the normal basis requirements in 10 CFR part 2.
would harm that party’s interest process for litigating disputes The attachment to this Order
concerning access to information. The summarizes the general target schedule
independent of the proceeding. Such a
availability of interlocutory review by for processing and resolving requests
challenge must be filed within 5 days of
the Commission of orders ruling on under these procedures.
the notification by the NRC staff of its
such NRC staff determinations (whether It is so ordered.
grant of access and must be filed with:
(a) The presiding officer designated in granting or denying access) is governed Dated at Rockville, Maryland, this 16th of
this proceeding; (b) if no presiding by 10 CFR 2.311.3 August 2018.
officer has been appointed, the Chief (4) The Commission expects that the For the Nuclear Regulatory Commission.
Administrative Judge, or if he or she is NRC staff and presiding officers (and Annette L. Vietti-Cook,
unavailable, another administrative any other reviewing officers) will Secretary of the Commission.
judge, or an Administrative Law Judge consider and resolve requests for access
ATTACHMENT 1—GENERAL TARGET SCHEDULE FOR PROCESSING AND RESOLVING REQUESTS FOR ACCESS TO SENSITIVE
UNCLASSIFIED NON-SAFEGUARDS INFORMATION IN THIS PROCEEDING
Day Event/activity
0 ........................ Publication of Federal Register notice of hearing and opportunity to petition for leave to intervene, including order with in-
structions for access requests.
10 ...................... Deadline for submitting requests for access to Sensitive Unclassified Non-Safeguards Information (SUNSI) with information:
Supporting the standing of a potential party identified by name and address; describing the need for the information in order
for the potential party to participate meaningfully in an adjudicatory proceeding.
60 ...................... Deadline for submitting petition for intervention containing: (i) Demonstration of standing; and (ii) all contentions whose formu-
lation does not require access to SUNSI (+25 Answers to petition for intervention; +7 petitioner/requestor reply).
20 ...................... U.S. Nuclear Regulatory Commission (NRC) staff informs the requester of the staff’s determination whether the request for
access provides a reasonable basis to believe standing can be established and shows need for SUNSI. (NRC staff also in-
forms any party to the proceeding whose interest independent of the proceeding would be harmed by the release of the in-
formation.) If NRC staff makes the finding of need for SUNSI and likelihood of standing, NRC staff begins document proc-
essing (preparation of redactions or review of redacted documents).
25 ...................... If NRC staff finds no ‘‘need’’ or no likelihood of standing, the deadline for petitioner/requester to file a motion seeking a ruling
to reverse the NRC staff’s denial of access; NRC staff files copy of access determination with the presiding officer (or Chief
Administrative Judge or other designated officer, as appropriate). If NRC staff finds ‘‘need’’ for SUNSI, the deadline for any
party to the proceeding whose interest independent of the proceeding would be harmed by the release of the information to
file a motion seeking a ruling to reverse the NRC staff’s grant of access.
30 ...................... Deadline for NRC staff reply to motions to reverse NRC staff determination(s).
40 ...................... (Receipt +30) If NRC staff finds standing and need for SUNSI, deadline for NRC staff to complete information processing and
file motion for Protective Order and draft Non-Disclosure Affidavit. Deadline for applicant/licensee to file Non-Disclosure
Agreement for SUNSI.
A ....................... If access granted: Issuance of presiding officer or other designated officer decision on motion for protective order for access
to sensitive information (including schedule for providing access and submission of contentions) or decision reversing a
final adverse determination by the NRC staff.
A + 3 ................. Deadline for filing executed Non-Disclosure Affidavits. Access provided to SUNSI consistent with decision issuing the protec-
tive order.
A + 28 ............... Deadline for submission of contentions whose development depends upon access to SUNSI. However, if more than 25 days
remain between the petitioner’s receipt of (or access to) the information and the deadline for filing all other contentions (as
established in the notice of opportunity to request a hearing and petition for leave to intervene), the petitioner may file its
SUNSI contentions by that later deadline.
A + 53 ............... (Contention receipt +25) Answers to contentions whose development depends upon access to SUNSI.
A + 60 ............... (Answer receipt +7) Petitioner/Intervenor reply to answers.
>A + 60 ............. Decision on contention admission.
[FR Doc. 2018–18068 Filed 8–21–18; 8:45 am] NUCLEAR REGULATORY at 11545 Rockville Pike, Room T–2B1,
BILLING CODE 7590–01–P COMMISSION Rockville, Maryland 20852.
The meeting will be open to public
Meeting of the Advisory Committee on
attendance with the exception of
Reactor Safeguards (ACRS)
amozie on DSK3GDR082PROD with NOTICES1
portions that may be closed to protect
Subcommittee on NuScale
information that is proprietary pursuant
The ACRS Subcommittee on NuScale to 5 U.S.C. 552b(c)(4). The agenda for
will hold a meeting on August 23, 2018, the subject meeting shall be as follows:
3 Requesters should note that the filing 46562; August 3, 2012) apply to appeals of NRC applicable), but not to the initial SUNSI request
requirements of the NRC’s E-Filing Rule (72 FR staff determinations (because they must be served submitted to the NRC staff under these procedures.
49139; August 28, 2007, as amended at 77 FR on a presiding officer or the Commission, as
VerDate Sep<11>2014 16:34 Aug 21, 2018 Jkt 244001 PO 00000 Frm 00072 Fmt 4703 Sfmt 4703 E:\FR\FM\22AUN1.SGM 22AUN1](https://thefederalregister.org/doc/83_FR_42690/page/4.svg)
Document Created: 2018-08-22 00:38:29
Document Modified: 2018-08-22 00:38:29
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | License renewal application; notice of opportunity to request a hearing and to petition for leave to intervene; order imposing procedures. | |
| Dates | Requests for a hearing or petition for leave to intervene must be filed by October 22, 2018. Any potential party as defined in section 2.4 of title 10 of the Code of Federal Regulations (10 CFR), who believes access to SUNSI is necessary to respond to this notice must request document access by September 4, 2018. | |
| Contact | Wendy Reed, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-7213; email: [email protected] | |
| FR Citation | 83 FR 42527 |
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